How has the Court of Appeal disposed of the matter regarding writ of possession?
Ontario, Canada
The following excerpt is from Peel Non-Profit Housing Corp. v. Mcnamara, 1991 CanLII 8219 (ON SCDC):
None of the members of this court would have disposed of the matter regarding the writ of possession in the manner that the trial judge did. The only issue before us is whether or not we should interfere with the exercise of his discretion. The proper principle in reviewing a discretion is set out in Elsom v. Elsom (1989), 1989 CanLII 100 (SCC), 59 D.L.R. (4th) 591 at p. 598, [1989] 1 S.C.R. 1367, 20 R.F.L. (3d) 225: ... an appellate court will be justified in intervening in a trial judge's exercise of his discretion only if the trial judge misdirects himself or if his decision is so clearly wrong as to amount to an injustice.
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